New Balance #ReleaseTheNBMagic Contest Official Rules NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 1. Eligibility: New Balance #ReleaseTheNBMagic Contest (the “Contest”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry and who did not purchase any equipment for the purposes of entering this Contest. Employees of New Balance Athletic Shoe, Inc. (“Sponsor”), Disney Worldwide Services, Inc. (“Disney”), HelloWorld, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. 2. Sponsor: New Balance Athletic Shoe, Inc., 20 Guest Street, Boston, MA 02135. Administrator: HelloWorld, Inc., One ePrize Drive, Pleasant Ridge, MI 48069. 3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 4. Timing: The Contest begins on April 22, 2015 at 12:00 a.m. Eastern Time ("ET"), ends on May 1, 2015 at 11:59 p.m. ET (the "Contest Period") and consists of a grand prize entry period (the "Grand Prize Entry Period") which coincides with the Contest Period and ten (10) daily entry periods (each a "Daily Entry Period"). Each Daily Entry Period begins at 12:00 a.m. ET and end at 11:59 p.m. ET. Administrator's computer is the official time-keeping device for the Contest. 5. How to Enter: During the Contest Period, you will need to use the Instagram application on your mobile device to participate in the Contest. Posting a photo on Instagram requires a mobile device and therefore message and data rates may apply. Sponsor (@newbalance) will post a daily challenge (outlined below) on its Instagram page. Upload one (1) photo in response to Sponsor’s daily challenge and include the hashtags #ReleasetheNBmagic and #contest in the “caption” field, herein your ("Submission"). Any Submission that does not include the hashtags #ReleasetheNBmagic and #contest will not be considered for entry into the Contest. You will receive one (1) Contest entry into the applicable Daily Entry Period. In order to be entered into the Grand Prize Entry Period, you must upload one (1) Submission per day during the Contest Period. In order for your entry to be valid, your Instagram account must be public and thus viewable by Sponsor and its agents. Daily Entry Period April 22, 2015 April 23, 2015 April 24, 2015 April 25, 2015 April 26, 2015 April 27, 2015 April 28, 2015 April 29, 2015 April 30, 2015 May 1, 2015 Challenge #shoeselfie I Make Excellent Happen. Why I runDisney. Laced-up. Happily Ever After… your run. #SeeMyRun #DisneySide Bow-dacious. Weekend Warrior. Racecation packing essential. These shoes are made to fly. By uploading your Submission, you agree that your Submission conforms to the Photo Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions. Photo Guidelines: The Submission must be in a format acceptable for Instagram; The Submission must be uploaded to Instagram with the hashtags #ReleasetheNBmagic and #contest; and The Submission's caption must be in English. Content Restrictions: The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest; The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest; The Submission must not contain images or artwork not created by entrant; The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous; The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where the Submission is created. Limit: Each entrant may upload one (1) Submission per day during the Contest Period. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. 6. Winner Determination: Winners will be determined according to the process set forth below. a. Judging: After the conclusion of each Daily Entry Period, a panel of qualified judges determined by Sponsor in its sole discretion will select one (1) entrant per Daily Entry Period with the highest-scoring Submission (each a "First Prize winner") from among all eligible Submissions based on the following criteria (“Judging Criteria”): Creativity/Originality (33%); Quality of Submission (33%); and Fit to Contest Theme (34%) After the conclusion of the Contest Period, a panel of qualified judges determined by Sponsor in its sole discretion will select one (1) entrant who uploaded one (1) Submission per Daily Entry Period during the Contest Period with the highest-scoring Submissions (the "Grand Prize winner") from among all eligible Submissions based on the above Judging Criteria. In the event of a tie, the entrant whose Submission received the highest score for Fit to Contest Theme, as determined by the qualified judges, in their sole discretion, will be deemed the applicable First Prize or Grand Prize winner. All prizes will be awarded provided a sufficient number of eligible Submissions are received. 7. Winner Requirements: Potential winners will be notified via Instagram on or around the dates listed below. Daily Entry Periods April 22 – May 1, 2015 Notification Date May 8, 2015 The potential winners must visit the provided URL within seventy-two (72) hours of receiving a win notification message to complete an online prize fulfillment form. Except where prohibited, the potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release, which must be received by Administrator within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to complete the online fulfillment form within seventy-two (72) hours of win notification, fails to execute and return the Declaration of Compliance, Liability and Publicity Release or provide any other requested information, within the required time period (if applicable), does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. First Prizes will be fulfilled 8 – 10 weeks after end of Contest. 8. Prizes: ONE (1) GRAND PRIZE: A trip for two (2) to Orlando, FL. Trip package includes round trip, coach-class air transportation for two (2) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Orlando, FL; two (2) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy); two (2) race entries into winner’s choice of race during the Wine and Dine Half Marathon Weekend (excluding challenges) (November 6 – November 7, 2015); two (2) one-day Magic Your Way Tickets with Park Hopper® Option; and New Balance footwear and apparel package for two (2) (products determined by Sponsor in its sole discretion). Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure or a sibling/friend of winner with the appropriate parental permissions and releases and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if events are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Approximate Retail Value (“ARV”): $2,685. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. TEN (10) FIRST PRIZES (One (1) awarded per Daily Entry Period): One (1) pair of New Balance running footwear. ARV: $120. Prizes are non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. 9. Release: By receipt of any prize, winners agree to release and hold harmless Sponsor, Disney, Instagram, LLC, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize. 10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission. 12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action (collectively, “Disputes”) arising out of or connected with this Contest (excluding, for this purpose, any and all Disputes arising out of or connected with the Grand Prize) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all Disputes arising out of or connected with the Grand Prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Orange County, Florida; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. All issues and questions concerning the Grand Prize and/or use thereof shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. 13. Entrant's Personal Information: Information collected from entrant is subject to Administrator's Privacy Policy http://www.helloworld.com/privacy-policy and Sponsor’s Privacy Policy http://www.newbalance.com/privacy-policy.html. 14. Winner List: For a winner list, visit http://bit.ly/1tBZPur. The winner list will be posted after winner confirmation is complete. © 2015 HelloWorld, Inc. All rights reserved. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram. Information is being provided to Sponsor, not Instagram.
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